Plunkett v. State3/10/2005
gust 26, 2003. The motion justice explained that res judicata did not apply because Plunkett's two complaints did not allege the same operative facts. We granted certiorari to review the motion justice's order, and the Superior Court stayed its proceedings pending our disposition of the matter.
Standard of Review
When we grant certiorari to review the denial of a motion for summary judgment, our review is governed by the same standard of review that applies to a grant of summary judgment. McKinnon v. Rhode Island Hospital Trust National Bank, 713 A.2d 245, 247 (R.I. 1998). This Court reviews a grant of summary judgment on a de novo basis, with the contours of our review shaped by the same standards that apply to a trial justice. DiBattista v. State, 808 A.2d 1081, 1085 (R.I. 2002) (citing M & B Realty, Inc. v. Duval, 767 A.2d 60, 63 (R.I. 2001) and Rotelli v. Catanzaro, 686 A.2d 91, 93 (R.I. 1996)). Summary judgment is an extreme remedy and should be granted only when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as matter of law." Wright v. Zielinski, 824 A.2d 494, 497 (R.I. 2003) (quoting Super.R.Civ.P. 56(c)).
Discussion
The petitioner argues that respondent could have included his discrimination claim in the original suit and should not be permitted to circumvent the doctrine of res judicata merely by seeking different relief or arguing a different legal theory. The respondent counters that res judicata does not preclude him from litigating the discrimination issues, and furthermore, that he could not have included a claim for discrimination in his previous suit.
The doctrine of res judicata relates to the preclusive effect of a final judgment in an action between the parties. Foster-Glocester Regional School Committee v. Board of Review, 854 A.2d 1008, 1014n.2 (R.I. 2004) (citing E.W. Audet & Sons, Inc. v. Fireman's Fund Insurance Co. of Newark, New Jersey, 635 A.2d 1181, 1186 (R.I. 1994)). "This doctrine ensures that judicial resources are not wasted on multiple and possibly inconsistent resolutions of the same lawsuit." ElGabri v. Lekas, 681 A.2d 271, 275 (R.I. 1996) (quoting Gaudreau v. Blasbalg, 618 A.2d 1272, 1275 (R.I. 1993)). The doctrine applies when "there exists identity of parties, identity of issues, and finality of judgment in an earlier action." Beirne v. Barone, 529 A.2d 154, 157 (R.I. 1987).
The parties do not dispute the existence of identity of parties or finality of judgment in the original lawsuit. The respondent alleges that his claim is not precluded by the judgment in the original suit, however, because identity of issues does not exist. We, therefore, focus our analysis on the identity of issues prong of the res judicata analysis.
As we recently explained, the term "res judicata" is commonly used to refer to two preclusion doctrines: (1) collateral estoppel or issue preclusion; and (2) res judicata or claim preclusion. Foster-Glocester Regional School Committee, 854 A.2d at 1014n.2 (citing 1 Restatement (Second) Judgments ch. 1, Intro. at 1, 2 (1982) and E.W. Audet & Sons, Inc., 635 A.2d at 1186). In Migra v. Warren City School District Board of Education, 465 U.S. 75, 77n.1 (1984), the United States Supreme Court discussed the preclusion terminology and elected to use the term "claim preclusion," instead of res judicata, to avoid confusion. The Court explained:
"The preclusive effects of former adjudication are discussed in varying and, at times, seemingly conflicting terminology, attributa
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